TERMS OF SERVICE

 

 

Atom App’s website, related mobile applications and services (collectively, the “Service”) aim towards assisting you in meeting your fitness and health goals. These Terms of Service (the “Terms”) apply to your access and use of the Atom App’s Service. 

 

These Service are made available to you subject to these Terms and in accordance with the Atom App’s Privacy Policy. These Terms are an agreement between you and Gaurav Batra & Samvid Sharma, Co-founders of Atom App. When the Terms mention “Atom App’s,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Atom App’s, Service.

 

You agree to comply with these Terms and any supplemental terms which Atom App makes available to you pertaining to the Service and which shall form part of the Terms. You must accept these Terms to create an account and to access and / or use the Atom App Service. If you do not have an account, you accept these Terms by using any part of the Atom App Service. 

 

BY ACCESSING, USING, UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS RELATED TO OR FROM THE SERVICE, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, REGISTERING OR CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, CREATE AN ACCOUNT, OR USE THE SERVICE OR ANY PART THEREOF.

1.  PRIVACY POLICY

 

For information about our data practices, please see our Privacy Policy. By accessing or using the Atom App Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

 

2. REGISTRATION AND ACCOUNT

 

The Service is intended solely for persons who are 14 years old or such higher age required in your country to use the Service. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

 

Full use of the Atom App Service requires that you create an account by providing us with true, current and complete information about yourself (“User Data”). 

 

You agree and undertake that Atom App may use your User Data to provide Service to you. If you provide any User Data that is inaccurate or not current, or Atom App has reasonable grounds to suspect that such User Data is inaccurate or not current, Atom App has the right, but not an obligation, to suspend or terminate your account, as well as refuse present or future use of the Service or part thereof in any manner whatsoever. DATA TRACKING

 

You understand, agree, and undertake that your password protects and secures your account. You are solely responsible for keeping your password secure and maintaining its confidentiality. You accept that you are responsible for all activities that occur in association with your account or from your computer and mobile devices, whichever is used to access the Service. Atom App is not liable for any loss or damage caused by your failure to secure or maintain confidentiality of your account and its credentials. You agree to immediately notify Atom App of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Atom App.

 

You may register or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Atom App to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

 

3. CONTENT AND CONDUCT

 

All trade marks, trade names, and other intellectual property (for instance, the Atom App and (logo/device mark) are owned, registered and/or licensed by Atom App. You do not acquire a license or any ownership rights to any trade marks, trade names, or any other intellectual property by virtue of your access or use of the Service.

 

Atom App may enable you to post, upload, store, share, send, or display data, text, images, videos, messages, exercise routines, comments, and other such content (“User Content”) via the Atom App. You retain all rights to User Content that you post to the Atom App Service. By making User Content available through the Atom App Service, you hereby grant to Atom App a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works from, and distribute User Content, in whole or in part, including your name, username, and likeness, in any media, in accordance with these Terms. This license ends when you delete User Content or your account. The rights you grant us in this Section are only for the limited purpose of providing, offering, and improving the Atom App Service or any part thereof.

 

You understand that you are solely and entirely responsible for the User Content which is uploaded, posted, transmitted, or otherwise made available to Atom App. Atom App may, in its sole and absolute discretion, screen, monitor, or remove any User Content, which may violate the Terms or may otherwise be objectionable as per Atom App. You understand that by using the Service, you may be exposed to User Content generated by other users which may be offensive, indecent or objectionable, and that Atom App shall not be liable for the same, in any manner whatsoever. You also understand that Atom App does not proactively monitor the User Content posted or uploaded on Atom App, and thus Atom App  does not guarantee or assure the accuracy of the results of a user availing the Service, and shall not be held liable for any loss or damage arising as a result of any error therein. You agree to bear all risks associated with the use of any User Content of any other user available on Atom App in connection with the Service, including any reliance on the accuracy, completeness, or usefulness of such User Content. It is clarified that Atom App shall not be held responsible and / or liable for User Content posted by anyone on the Atom App platform used to offer the Service. 

 

If User Content posted by you violates these Terms, you shall be legally responsible for it and any liabilities arising as a result of the same. You shall at all time exercise common sense and good judgment when dealing with any member of the Service.

 

You acknowledge and undertake that your relationship with Atom App is not a confidential, fiduciary, or any other kind of special relationship, and that your decision to submit any User Content does not put Atom App in a position which is any different from the position held by other users and members of the general public, including bearing regard to your User Content. Your User Content shall not be subject to any obligation of confidence on the part of Atom App other than as set forth in our Privacy Policy and the privacy settings on Atom App’s platform. 

 

The Service is intended for your personal, and non-commercial use and enjoyment, in accordance with these Terms. Atom App grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to, inter alia: 

  1. access and use the Service, and

  2. use the Atom App’s software provided on its platforms or by any third-party software embedded therein,

 

You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, modify, transfer, or sell for any commercial purposes any portion of the Service, use of the Service or access to Content (unless it is your own User Content that you uploaded or posted on Atom App). You may not use the Service, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

 

  1. Copying any part of the Service;

  2. Permitting or enabling any third party to access or use the Service;

  3. Using, copying, altering, reverse engineering, or otherwise attempting to extract the source code of the software forming the Service or any part thereof, in any case, without obtaining prior written consent, approval, and confirmation from Atom App;

  4. Posting User Content which: (a) violates, or encourages others to violate, any applicable law or regulation that could constitute a criminal offense or would give rise to civil liability; (b) is illegal, misleading, malicious, harassing, inaccurate, discriminatory; (c) is otherwise objectionable or inappropriate, which violates any applicable laws is fraudulent, false, misleading, or deceptive; or (d) promotes illegal or harmful activities or substances.

  5. Anything which may expose Atom App and its users to any sort of harm, including anything which may interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; 

  6. Use or attempt to use any other user’s account or their information without authorization;

  7. Impersonate or attempt to impersonate any person or entity; 

  8. Posting any advertisement, solicitation, or commercial content on Atom App, or accept payment from a third-party in exchange for performing any commercial activity on Atom App;

  9. Use the Atom App Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Atom App Service, or which may expose Atom App or other users of the Service to any harm or liability of any type.

  10. Using any automated system, including bots, data mining robots, scraping, offline readers, etc., to access the Service in a manner that sends more request messages to Atom App than a human can reasonably produce in the same period of time by using a conventional web browser; and

  11. Circumventing any measures which we may use to prevent or restrict access to the Service. 

 

Atom App may, in its sole discretion, alter, remove, or refuse to display any of your User Content. Atom App also has a right but not an obligation to forbid you from posting or uploading any User Content or accessing the Atom App Service, which may not be in accordance with these Terms.

 

4. CONSULT YOUR DOCTOR BEFORE USING THE SERVICE

 

Atom App Service is not meant for diagnosing, treating, curing, or preventing any sort of disease or medical illness. If you have an existing medical or heart condition, consult your doctor before engaging in any aspect of the Atom App Service. 

 

If you experience any kind of medical emergency, stop using the Atom App Service and consult a qualified medical professional as soon as possible. Atom App is not responsible for any medical issues that may arise from using any aspect of the Service. If you engage in any exercise activity you learn about through the Atom App Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

 

5. ENFORCEMENT RIGHTS

 

Although we are not obligated to monitor access to or use of the Service or to review any User Content, we reserve the right to do so. We may thus, in our sole discretion, remove or disable access to the Atom App Service, any User Content at any time and without notice, if we suspect or determine that it violates these Terms in any manner whatsoever. We also reserve the right to investigate the violation and take any action we may deem appropriate, without any notice.

 

6. FEEDBACK AND SUBMISSIONS

 

We welcome your comments, feedback, suggestions, and other communications regarding the Service. You agree that we can use, disclose, reproduce, distribute, and exploit your comments, ideas, or feedback without any restriction or compensation to you, in accordance with the Privacy Policy. 

 

7. ALERTS AND NOTIFICATIONS

 

You agree to receive notifications, alerts, and other electronic communication(s) as a part of your use of the Atom App Service. Most of these communications can be controlled from your account settings on Atom App. However, certain communications, such as service announcements and administrative messages may not be turned off. You further agree that any notice, agreement, disclosure, or any other communication that Atom App sends to you electronically will satisfy any legal communication requirements, including that such communications should be in writing.

 

8. PAYMENT AND FEES

 

Certain features or selective aspects of the Service may require you to make payments to Atom App. This fees along with any required taxes, may be paid either on a monthly or annual basis. If you wish to upgrade your membership or avail additional aspects of the Service, such changes may result in a new billing date. Atom App reserves the right to increase its membership fee, any associated taxes, or to introduce new fees at any time upon reasonable advance notice. 

 

(Atom App’s premium)’s membership fee will be billed automatically at the start of the relevant monthly or annual period. This fee will auto-renew until you terminate your (the Atom App’s premium) membership. You may terminate or cancel your (the Atom App’s premium) membership by selecting “Terminate/Downgrade” in your account settings. The cancellation of your (the Atom App’s premium) membership will go into effect at the end of your current billing cycle. When your (the Atom App’s premium) membership ends, your account will remain and become a free membership.

 

9. THIRD PARTIES

 

Atom App Service may contain links to use of third-party content, promotions, websites, apps, services, and resources which are not under Atom App’s control. This may include the opportunity for you to link your Atom App account or Atom App data with these third-party services. We provide these links only as a convenience and are not responsible and/ or liable for the products, services, or other content that are available on said third-party services. 

 

You acknowledge that Atom App does not monitor or control any third-party services that you may use. You also acknowledge that these Terms and the Atom App Privacy Policy do not apply to any third-party services.

 

You agree that Atom App shall be exempt from any liability for any loss and/or damages incurred by you as the result of inter alia, any of your dealings with third party service providers available through the Service. You take sole responsibility and assume all risk arising from your interaction with or use of any third-party services. 

 

10. MODIFICATION OF TERMS AND SERVICE

 

Atom App reserves the right to and may update the Terms at any time if necessary and in its sole discretion. Atom App may thus change or discontinue, temporarily or permanently, any feature or content of the Atom App Service. Atom App will notify you of any changes to the Terms by e-mail on your registered e-mail ID used to create your account on the Atom App.

 

If you continue to access or use the Service after being notified of a modification, you are deemed to have agreed to be bound by the modified Terms. If you do not agree with the modified Terms, you may opt to cease using the Service.

 

11. TERMINATION

 

We reserve the right and may suspend or deactivate your account, or your access to certain parts / aspects or all of the Atom App Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. 

 

Cause for such termination shall include, without limitation: (a) If you fail to comply with these Terms in any manner whatsoever; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) non-payment of any fees owed by you in connection with the Service, if any. 

 

The following sections of these Terms shall remain in effect even after your account is terminated, inter-alia: Member Content and Conduct, Feedback and Submissions, Disclaimer of Warranties, Limitation of Liability, Indemnity, Applicable Laws, and General. 

 

12. DISCLAIMER OF WARRANTIES 

 

Atom App service and Atom App content are provided “as is,” without warranty of any kind. To the maximum extent permitted by law, we explicitly disclaim all warranties, express, implied, or statutory, written or oral, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Without limiting any of the foregoing, we make no warranty that the Atom App Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content on Atom App.

 

13. LIMITATION OF LIABILITY 

 

You expressly agree to release Atom App, its directors, suppliers, licensors, affiliates, employees, and any other party involved in creating, producing, or delivering the Atom App service from all and any liability in connection with your athletic activities and use of Atom App.

 

You also agree that in no event shall the released parties be liable to you or any third party for any  incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these Terms, or from the use of or inability to use the Atom App Service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Atom App has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

  

In no event will Atom App total liability arising out of or in connection with these Terms, or from the use of or inability to use the Atom App Service exceed Rs.1,00,000.

 

14. INDEMNITY

 

You agree to indemnify, defend, and hold Atom App and its subsidiaries, affiliates, officers, directors, employees, agents, and licensors harmless from and against all and any claims, suits, actions, disputes, all liabilities, damages, losses, costs, and expenses, including without limitation, reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Atom App Service, (ii) User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. 

 

15. APPLICABLE LAW AND FORUM

 

You agree that any dispute related to the Terms, Content, the Service, and your relationship with Atom App shall be governed by, and construed and interpreted in accordance with, the laws of India. The place of jurisdiction shall be exclusively in New Delhi, India.

 

16. DISPUTE RESOLUTION

 

Any dispute, claim or controversy between you and Atom App, or otherwise arising out of or relating to these Terms will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trade marks, trade secrets, patents or other intellectual property rights. Any such arbitration will be governed by the Arbitration and Conciliation Act, 1996. The place of such arbitration shall be New Delhi, India and the language of the arbitration will be English.

 

17. GENERAL

 

You agree that these Terms constitute the entire and exclusive understanding and agreement between Atom App and you regarding the Atom App Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Atom App and you regarding the Atom App Service.

 

You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and Atom App as a result of the Terms or your use of the Service. 

 

Any notices or other communications provided by Atom App under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Atom App Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

 

You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Atom App. Atom App has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Service.

 

Atom App’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Atom App. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  

Any rights not expressly granted herein are reserved.

 

18. CONTACT US

 

You may contact us if you have any queries or questions about these Terms via email at [email protected]

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